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Estr Epe M Ent

writ, sheriff, waste and lands

ESTR EPE M ENT. A common-law writ for the prevention of waste.

The same object being attainable by a mo tion for an injunction in chancery, the writ became obsolete in England, and was abol ished by 3 & 4 Will. IV. c. 27.

The writ lay at common law to prevent a party in possession from committing waste on an estate the title to which was disputed, after judgment ob tained in any real action and before possession was delivered by the sheriff.

But, as waste might be committed in some cases pending the suit, the statute of Gloucester gave another writ of estrepement pendente p7acito, com manding the sheriff firmly to Inhibit the tenant "ne faciat vastum vel strepementum pendente pla cito ditto indiscusso." By virtue of either of these writs, the sheriff may resist those who commit waste or offer to do so ; and he might use sufficient force for the purpose ; 3 Bla. Cora. 225, 226.

The writ was sometimes directed to th; sheriff and the party in possession of the lands, in order to make him amenable to the court as for a contempt in case of his dis obedience to the injunction of the writ. At common law the process proper to bring the tenant into court is a venire facias, and thereon an attachment. Upon the defend ant's coming in, the plaintiff declares against him. The defendant usually pleads "that he has done no waste contrary to the pro hibition of the writ." The issue on this plea

is tried by a jury, and in case they find against the defendant they assess damages) which the plaintiff recovers. But, as this verdict convicts the defendant of a contempt, the court proceed against him for that cause as in other cases; Co. 2d Inst. 329 ; Rast. 317 ;. 1 B. & P. 121; 2 Lilly, Reg. Estrepe meat; 5 Co. 119 ; Reg. Brev. 76.

In Pennsylvania, by statute, the remedy by estrepement is extended for the benefit of any owner of lands leased for years or at will, at any time during the continuance or after the expiration of such demise, and due notice given to the tenant to leave the same, agreeably to law ; or for any purchaser at sheriff or coroner's sale of lands, etc., after he has been declared the highest bidder by the sheriff or coroner ; or for any mortgagee or judgment-creditor, after the lands bound by such judgment or mortgage shall have been condemned by inquisition, or which may be subject to be sold by a writ of venditioni exponas or levari facias. See 10 Viner, Abr. 497 ; Woodf. Landl. & T. 447 ; Arch. Civ. Pl. 17; 7 Com. Dig. 659 ; Irwin v. Covode, 24 Pa. 162 ; Byrne v. Boyle, 37 Pa. 260.